Reconstructed Record Gaps No Ground To Set Aside Award: Tripura High Court

The Tripura High Court on 1 April, held that a Court hearing a challenge to an arbitral award cannot rely on gaps in a reconstructed record to question the Arbitrator's findings or the existence of material that was before the Arbitrator at the time of adjudication. A Bench comprising Chief Justice M.S. Ramachandra Rao and Justice Bishawajit Palit set aside the Commercial Court's order, and upheld the arbitral award. They held: “...merely because they were not found in the reconstructed...

Sports Association Election Disputes Under Rajasthan Sports Act, 2005, Must Go Through Arbitration: Rajasthan HC

The Rajasthan High Court has recently held that disputes touching the constitution, management, or election of a sports association are required to be resolved through the statutory mechanism of conciliation and arbitration under the Rajasthan Sports (Registration, Recognition and Regulation of Association) Act, 2005, and not by invoking the writ jurisdiction of the court. A Division Bench of Justice Inderjeet Singh and Justice Ashok Kumar Jain allowed a special appeal filed by the Rajasthan...

No Damages Without Proof Of Loss: Delhi High Court Partly Sets Aside Arbitral Award Against DJB

The Delhi High Court on Monday partly set aside an arbitral award in favour of a contractor against the Delhi Jal Board (DJB), holding that damages cannot be granted on the basis of projected turnover without proof of actual loss. Justice Avneesh Jhingan held that "the award of damages in absence of evidence on record of actual loss suffered or a finding recorded that the loss suffered cannot be proved is in violation of Sections 73 and 74 of the Contract Act and against public policy. The...

Bombay High Court Sets Aside Unreasoned Rejection Of Boiler Alloy Patent By Patent Office On DAE Direction

The Bombay High Court has set aside the rejection of a patent application for an industrial alloy used in high-temperature boiler systems, holding that the refusal based on the Department of Atomic Energy's direction cannot stand without reasons. The court said the absence of reasons prevents the applicant from understanding the basis of rejection and from taking steps under the law. A division bench of Justices Bharati Dangre and Manjusha Deshpande was hearing a petition filed by Huntington...

Madras High Court Rejects Challenge To 'GANESHA' Trademark, Allows Coexistence Of Similar Marks

The Madras High Court has recently dismissed an appeal by Ganesh Consumer Products Ltd. against the registration of the “GANESHA” trademark in favour of Shankar Industries, holding that similar marks can coexist in limited situations, including where territorial restrictions reduce the likelihood of conflict. Justice Senthilkumar Ramamoorthy upheld the September 11, 2024, order of the Registrar of Trade Marks, which granted registration of device mark No. 1831646 in Class 30 to Shankar...

Hypothecation Agreements Attract Stamp Duty As General Agreements, Not Pledge Or Mortgage: Kerala High Court

The Kerala High Court has held that a hypothecation agreement executed to secure a loan attracts stamp duty as a general agreement under Article 5(g) of the Kerala Stamp Act and not as a pledge or mortgage, which attracts higher duty. Clarifying the position, the court said Article 6 of the Act applies only to pledges. “Article 6 of the Act will get attracted only if the instrument in question is a 'pledge'. On a conspectus reading of the agreement of hypothecation, it is evident that the...

Calcutta HC Grants Summary Judgment In Commercial Suit After Defendants Forfeit Right To File Written Statement

The Calcutta High Court has held that in a commercial suit where defendants forfeit their right to file a written statement, they cannot set up any defence, and summary judgment can be granted where there is no real prospect of successfully defending the claim.A Bench of Justice Aniruddha Roy decreed a commercial recovery suit in favour of De Converter India Private Limited, directing La Chemico Pvt Ltd and others to pay Rs. 34.62 lakh towards unpaid dues, along with interest at 6% per annum...

Bombay High Court Finds No Novelty In Atomberg Fan Design, Refuses Interim Relief Against Stove Kraft

The Bombay High Court has recently declined to continue interim protection granted earlier to Atomberg Technologies Pvt. Ltd. in its design infringement suit against Stove Kraft Limited's “Pigeon” brand, finding that the rival ceiling fan is visually distinct and that the plaintiff's design does not show any real novelty beyond that of a standard ceiling fan. Justice Gauri Godse was deciding an application seeking to confirm an earlier ad-interim injunction passed on July 24, 2025, which had...

Revised IT Return Permissible Only For Bona Fide Discovery Of Omission Or Mistake: Gujarat High Court

The Gujarat High Court on 9 April, held that a taxpayer can file a revised return under Section 139(5) of the Income Tax Act, 1961 only when it discovers a bona fide omission or wrong statement in the original return filed under Section 139(1). The provision cannot be used to make deliberate or afterthought changes. The Bench of Justices A.S. Supehia and Pranav Trivedi emphasised that a valid revised return replaces the original return for all purposes under the Act, but only when it reflects...

Bombay High Court Sets Aside GST Cancellation Order For Lack Of Reasons

The Bombay High Court has set aside an order cancelling the GST registration of Tex Fab India after finding that the impugned order did not contain any reasons. The Court also recorded that the attachment of the petitioner's bank account had lapsed by operation of law under Section 83(2) of the CGST Act. A bench of Justices G. S. Kulkarni and Aarti Sathe observed that the issue was no longer res integra and that recording reasons while cancelling GST registration is a settled legal requirement....

Calcutta High Court Flags Prima Facie Fraud In CIRP Against Alchemist Group, Seeks Reports From CBI, ED And SEBI

The Calcutta High Court recently directed the CBI, Enforcement Directorate (ED), and SEBI, which are already examining the affairs of the Alchemist Group amid allegations of running ponzi-style schemes, to file fresh status reports to examine whether the corporate insolvency process (CIRP) was fraudulently initiated. The court also asked them to look into the movement of funds abroad, possible round-tripping through foreign entities, and protection of investor assets. It noted a prima facie...

Statutory Bar On Arbitrability Can Be Examined While Granting Interim Relief: Bombay High Court

The Bombay High Court on 16 April held that courts can examine arbitrability, including statutory bars, while deciding petitions under Section 9 of the Arbitration and Conciliation Act, 1996, especially where no Arbitral Tribunal exists.Section 9 allows a Court to grant interim protection measures before, during, or after arbitral proceedings to safeguard the subject matter of the dispute.A Bench of Justice Somasekhar Sundaresan allowed the review petitions filed by the Airports Authority of...